Opinion
2012-03-16
The PEOPLE of the State of New York, Respondent, v. Joshua P. REID, Defendant–Appellant.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 5, 2011. The judgment convicted defendant, upon a nonjury verdict, of criminal sexual act in the third degree and endangering the welfare of a child.David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 5, 2011. The judgment convicted defendant, upon a nonjury verdict, of criminal sexual act in the third degree and endangering the welfare of a child.David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon a nonjury verdict, of criminal sexual act in the third degree (Penal Law § 130.40[2] ) and endangering the welfare of a child (§ 260.10[1] ). Contrary to defendant's contention, the evidence is legally sufficient to support the conviction. Based on the testimony and evidence presented at trial, there is a “valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by [County Court]” ( People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Viewing the evidence in light of the elements of the crimes in this nonjury trial ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we reject defendant's further contention that the verdict is against the weight of the evidence*907 ( see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.